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Enforcement and Removal
08/15/2011

Guatemalan national sentenced to 24 months for re-entering US illegally

MONTGOMERY, Ala. - A Guatemalan national was sentenced last week to 24 months in federal prison for illegally reentering the United States, a felony under federal law, following his apprehension by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Earlier this year, Macario Hernandez-Perez pleaded guilty to being in Alabama without the permission of the Department of Homeland Security or the U.S. Attorney General.

Hernandez illegally entered the United States at an unknown date but as early as 2003. ICE removed Hernandez from the United States in 2005 and again in 2008. Hernandez had previously been convicted six times of driving under the influence of alcohol. Additionally, he had been convicted for public intoxication, twice for theft of property and once for possession of a forged instrument.

After considering Hernandez's criminal history, as well as his repeated illegal returns to the area, Alabama U.S. District Court Judge Mark E. Fuller sentenced Hernandez to 24 months in federal prison. In addition to the prison sentence, Hernandez was sentenced to serve one year of supervised release under the supervision of a federal probation officer.

"ICE will continue to fulfill our Congressional mandate to apprehend and remove those who enter our country illegally, especially those who have committed criminal acts," said Scott Sutterfield, acting field office director for ICE ERO in New Orleans. "Our job is to help protect the public from those who commit crimes and to protect the integrity of the nation's legal immigration system."

"A sentence such as the one given to Mr. Hernandez shows how important it is to fully prosecute individuals who illegally return to the United States time and time again and place our community at risk," said U.S. Attorney George L. Beck, Jr. "This office remains committed to prosecuting criminals who repeatedly violate the criminal and immigration laws of the United States."

Hernandez also faces administrative removal proceedings.

Assistant U.S. Attorney Monica Stump prosecuted the case.

For more information, visit www.ice.gov.